Law360 ( April 29, 2010, 1:19 PM EDT) -- The New Jersey Supreme Court's revamped Rule 1:38 makes clear that the presumption of public access to court records is alive and well here. As a result, litigants are left to ponder the best approach to protect from public disclosure confidential and proprietary documents produced to an adversary during discovery. To be sure, Rule 4:10-3 provides for the use of a protective order to shield documents exchanged during discovery. But what happens when an adversary attaches a "protected" document to a pleading or motion which makes it part of the court record and, therefore, presumably accessible to the public? This article reviews the recent rule changes and explores their implications. It also discusses potential practical approaches to the issue....